Green v. Indian Gold Min. Co.

Citations

• 120 F. 715
• 1903 U.S. App. LEXIS 5305

Syllabus

<p>1. Complaint — Motion to Strike Out — Statement op Legal Conclusion.</p> <p>In an action by a servant to recover for a personal injury alleged to have been caused by the negligence of the master, a paragraph in the complaint stating the bare legal conclusion that it was the duty of defendant to provide plaintiff with a reasonably safe place to work and to keep the same in a reasonably safe condition, which arises by implication from the facts alleged in other paragraphs, is surplusage, and will be stricken out on motion.</p>